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(영문) 울산지방법원 2017.05.10 2017고단159
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. No one shall make a false report on any crime or disaster to a public official who is not in violation of the Punishment of Minor Offenses Act;

Nevertheless, on December 28, 2016, the Defendant filed a false report on D apartment 105 Dong 405, the house of the Defendant located in Ulsan-gun, Ulsan-gun, on December 28, 2016, on the ground that he was suffering from a breactic dispute, while she was found in the influence of alcohol, and on the ground that he was making a false report on D apartment 105 Dong 405, the house of the Defendant located in Ulsan-gun, and on the ground that he was in the influence of alcohol, to E who belongs to the Ulsan-si National Police Agency, “I would die a person within the same time,” and from that time, up to four times until 09:31 on the same day.

Earra dyna dyna dyna dykes.

Republic of Korea has reached knife.

I will also die.

“A false report” was made.

Accordingly, the defendant filed a false report to police officers who are public officials who do not commit crimes.

2. The Defendant interfered with the performance of official duties at the above time and place, and at the same time and place, the Defendant prevented the Defendant from disturbing the Defendant under the influence of alcohol by the F of the police station in Ulsan-gu, Seoul Special Metropolitan City, where he received the aforementioned false report and by G, and by the police officer’s failure in the inside.

“The face of the above G is taken one time with the left hand, and the slope H being called together with “the front of the police officer is taken.”

“Along with a large sound, the two parts of the H were assaulted once by a bad voice.”

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the investigation of the above G and H crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A written statement of I;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to Table 112 for Report Processing);

1. Relevant Article 3 (3) 2 of the Punishment of Minor Offenses Act (hereafter referred to as "the Punishment of Minor Offenses Act"), and Article 136 (1) of the Criminal Act (hereafter referred to as "the Punishment of Minor Offenses Act" in this Article) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Punishment of a fine and imprisonment with prison labor for interference with the execution of official duties concerning a violation of the Punishment of Minor Offenses Act concerning selection of punishment;

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